Only Source Of Government Power example essay topic

Essay Paper #3 A) The "Social Contract" was a theory written in the 17th and 18th century. This theory argued four important main points. These main points said that the state existed to serve the will of the people, that people were the only source of government power, that the people were free to withhold power of the government, but also had the ability to give power to the government, and finally it stated that the ideas in this document limited government, individual rights, and popular sovereignty. James Harrington, Jean Jacques Rousseau, Thomas Hobbes, and John Locke wrote this document.

Thomas Hobbes and John Locke were both very important men, and both had a tremendous influence on the upcoming of this country. However, as much as these men had in common, some of their beliefs were very different. For example, Hobbes believed that politics should be based on the desire of power and the fear of death. He wanted to create a powerful state, what he called a "Leviathan". ("A government to protect the people from one another to keep them in awe") In the "Social Contract" Hobbes said that men should give up rights to an authority to act for them, on their behalf. He said that sovereign authority had to be absolute to overcome fear of death in nature.

With this said, it basically meant that the governments only reason for existing was for the safety of the people. He also believed that no person was subject to any power above them, so there was no certain power to protect any one power from another. "You took by force what you wanted, you are only as safe as your own intellect and physical strength". So, Hobbes believed that the government should provide protection, well-being, and any other need a citizen might have.

If there was no government, there was fear. Locke on the other hand believed that rulers and citizens' rights should all be restricted by the laws of nature (right to life, liberty, and the pursuit of property). He believed that a person should not be under political power without agreeing to the power itself. He said that the people should agree to be under political power, and should agree to government.

The government should act only by majority decision, and that the powers are given to the government as trust. The minute that the trust is broken, then the powers can be taken away. He believed that the people can be trusted to follow principles of conduct, and that the people also have the right to overthrow bad government. The Articles of Confederation were the Nation's first constitution, and was called the "firm league of friendship" among the 13 states.

Although there was only good in mind when they were written, the Articles of Confederation had major problems. Since the nation had just left the rule of the British, the people were reluctant to have a strong government, and this is why the Articles had very limited powers. For example, the Articles did not provide for a president or a national court system. It did, however, create a Congress that allowed each state to have one vote, but these powers were limited as well. They had the power to call for war, but could not make the states obey treaties of other nations or draft for soldiers. Congress also did not have the power to regulate any sort of trade, interstate or foreign.

They also did not have the power to tax individuals or states as well. Due the lack of powers written in the Article of Confederation the document was soon considered to be a failure. One of the many reasons that the Articles of Confederation was not successful was because of the problems the nation faced at that time. Just a few of the hardships the people faced included the Stamp Act of 1765, Boston Massacre 1770, Boston Tea Party 1773, the Intolerable Acts 1774, Lexington and Concord 1775, and finally the Declaration of Independence in July of 1776. The framers thought that the Articles could help out the situation and solved many problems, and in fact was the best attempt possible at that time. In reality, however, the people were just too afraid to have a strong government, and it did not answer most of the problems that occurred at this time.

Finally the Constitution was written. There were many compromises it had that the Articles did not. For example, it divided powers of the government mainly among the executive, legislative, and judicial branches. It gave each branch more power, but also had a way of checks and balances to assure that no certain branch had too much power. It allowed for delegates from 12 states, and met the needs of the different states. Throughout the Constitution, powers are stated very clearly in a flexible, short, but thorough manner.

Since the time that it was written to present day, this document has served the country extremely well. It stated the powers of the government very clearly, and lets the nation know exactly how the government works. B) The Constitution was immediately amended because, not all states completely agreed with it. Some of the arguments for ratifying it were clearly stated in the ratification of the Bill of Rights by the Anti-federalist by adding the first ten amendments. These amendments are important in keeping rights alive because of civil liberties and civil rights.

In the first amendment, civil liberties include freedoms, and protecting individual rights such as due process and rights of the accused. The civil liberties protect the safety of the people in the sense that they are able to have their own opinions such as freedom of religion, speech, press, and the right to peacefully assemble. The civil rights include justice under the law, diversity and discrimination, federal civil rights laws, and citizenship. The civil rights are the positive acts of the government to insure Constitutional guarantees. The Constitution also has unwritten right which are called the unalienable right, these are stated in Amendment 9. Amendment 9 says, "The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people".

The Constitution itself does not provide much guidance to specify what exactly the rights are. These rights though mainly occur in the Supreme Court, and in the laws of Congress. These rights, in a way, are just as powerful as the rest of the Constitution; however, when being specified it must be carefully done in order that it does not cause any conflict or confusion in the sense that the decision is "Constitutional". These rights come to control state activities as well as federal activities in the sense that everything falls strictly in the Constitution.